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OAS HUMAN RIGHTS COMMISSION OPENS 122ND SESSION
HIGHLIGHTING PROGRESS AND ONGOING CHALLENGES

The Inter-American Commission on Human Rights (IACHR) opened its 122nd regular session Thursday, highlighting important gains in the human rights situation in the Americas and announcing that a Special Rapporteurship on the Rights of People of African Descent and against Racial Discrimination is about to be created.

The Commission’s new Chairman, Antigua and Barbuda national Clare K. Roberts, inaugurated the session with the announcement and updates on important improvements, but stressed that the human rights situation remains “far from ideal.” Referring to ongoing challenges—including concerns about the potential effects of budgetary constraints on the Commission’s work—he called on the member states to fully assume their role as “collective guarantors of the hemispheric human rights promotion and protection system.”

He listed among important advances in human rights in the region: Mexico’s launch of a comprehensive national human rights program; approval of constitutional reforms in Brazil; efforts by Argentina, Chile and Paraguay to investigate and punish those responsible for serious human rights violations; the consideration being given by Jamaica to legislative changes concerning the application of the death penalty; and the possibility in Colombia of reopening criminal investigations based on decisions of international organizations.

With respect to the challenges, Roberts said, “the region continues to be affected by crises of a political, economic and social nature in many countries. These problems reveal the institutional fragility of the rule of law and the precariousness of the process of democratic consolidation in the hemisphere.”

Meanwhile, in his opening remarks, Organization of American States (OAS) Acting Secretary General Luigi R. Einaudi appealed for urgent action by member states to deal with the budgetary constraints. He warned, “Unless member states make a concerted effort to place the Organization’s finances on a sound footing, even our most cherished institutions, such as the [inter-American human rights] Commission and Court, will become ineffective.”

Ambassador Einaudi argued that the human rights Commission could become ineffective not because it lacks quality or effort or relevance, but from a lack of funds “at a moment in history when all agree they are more needed than ever.”

While lauding the IACHR for fighting abuse and dictatorship over the years, he added, “Now, it is the continuous strengthening of the inter-American human rights system that is essential if we are to consolidate democracy and the rule of law.” But, he noted, “The protection of human rights requires a Commission that has sufficient institutional capacity not only to react to pressing situations, but to respond with agility to the increasing breadth and complexity of its mandate.”

The Permanent Council Chairman, Paraguay’s Ambassador Manuel María Cáceres, cited the Commission’s role in the improved human rights situation over the years, noting this would not have been possible without the member states’ recognizing the independence of the Inter American Human Rights Commission.

He touched on an OAS General Assembly mandate to undertake a wide-ranging process of reflection aimed at further strengthening the hemispheric human rights promotion and protection system, and underscored the importance of input from member states and the IACHR the Inter-American Court of Human Rights as well as from non-governmental organizations, national human rights and academic institutions and human rights experts. He said the usefulness of a human rights conference would be examined as well.

Cáceres expressed concern that the present situation that leaves a large number of citizens out of the benefits of progress and unable to meet their most basic needs contributes to rising crime and affects security.

During its current session, which ends March 11, the Commission will consider draft reports on human rights violations in the procedural stages of admissibility, merits, friendly settlement, and complaints filed with the Inter-American Court of Human Rights. The IACHR will also review human rights situations in various member states of the OAS and will hold 44 hearings with individual petitioners and state representatives.

Along with President Clare Roberts, ahead of the formal inauguration the Commission elected Susana Villarán of Peru as first Vice-President and Paulo Sérgio Pinheiro of Brazil as Second Vice President.

The principal OAS Charter organ responsible for ensuring respect for human rights in all states of the Americas, the Inter-American Commission on Human Rights comprises seven independent human rights experts, who are elected in their individual capacities by the member states of the Organization.

Reference: E-033/05